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(영문) 서울행정법원 2016.08.26 2016구단11622
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 5, 2007, the Plaintiff, a foreigner of the Republic of Korea, entered the Republic of Korea as a non-professional employment (E-9) sojourn status, and stayed after the expiration of the period of stay, and filed an application for refugee status with the Defendant on September 15, 2015.

B. On November 11, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution as a refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he visited the country of nationality on March 201, 201, which was asked to pay money from the NA (New Peoples) of the anti-government organization’s NE (New Peoples) and rejected it.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee despite high possibility that the plaintiff would be subject to gambling when he returns to the country of nationality is illegal.

(b) The definitions of terms used in this Act shall be as follows:

1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");

C. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions of the evidence Nos. 3 and 4 and the purport of the entire pleadings, the Plaintiff is persecution even if all of the evidence and arguments submitted by the Plaintiff are considered.

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